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Polyvariate Dispute Resolution In The Field Of Professional Sports: Debatable Issues
[Поліваріативність Розгляду Споріву Сфері Професійного Спорту: Дискусійні Питання]

Author

Listed:
  • Anatoliy Kostruba

    (Vasyl Stefanyk Precarpathian National University)

  • M.K. Galyantych

Abstract

The sports order is formed, including a huge network of various institutions, organizations and regulators, cooperation and participation of public and private entities at various levels, and has its own judicial system, which is based on the International Court of Arbitration for Sport in Lausanne. It is the autonomy of the sports law and order that presupposes the existence of a system of jurisdictional bodies whose activities are aimed at considering disputes in the relevant sphere of relations. At the same time, despite the integrity of the system of sports law and order in relation to public law and order, the internal organizational unity, in particular, the process of resolving disputes in sports relations is quite unbalanced. In the vast majority of cases, the main aspect of the federation is the development of professional sports as such. At the same time, the issues of more detailed legal regulation of relations in the field of professional sports, their protection remain undisclosed, or disclosed in fragments. The above indicates the need for clearer legal regulation of activities in the field of professional sports, in particular in terms of issues raised. In this regard, the observance of two conditions is disputable: Firstly, the possibility of exercising the public organization's powers to regulate the professional sphere. Secondly, ensuring objectivity and impartiality in the consideration of disputes, the outcome of which also affects the interests of the federation as a subject of relations in the field of professional sports.

Suggested Citation

  • Anatoliy Kostruba & M.K. Galyantych, 2022. "Polyvariate Dispute Resolution In The Field Of Professional Sports: Debatable Issues [Поліваріативність Розгляду Споріву Сфері Професійного Спорту: Дискусійні Питання]," Post-Print hal-03548751, HAL.
  • Handle: RePEc:hal:journl:hal-03548751
    DOI: 10.32782/lexsportiva/2021.1.2
    Note: View the original document on HAL open archive server: https://hal.science/hal-03548751
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